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(영문) 수원지방법원 2015.07.01 2015고단1998
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in a store business, etc. in the “Drownba” located in Young-gu, Young-si C.

On April 9, 2015, the Defendant: (a) 22:55, at the above-mentioned Bale or the fourth floor, she saw the Defendant’s son E and her bath, and (b) she saw the victim of the said Bale or the customer’s victim F (36 years of age) as a knife for the main knife (30cm in total length) which is a dangerous object in the said Bale or the carbr; (c) she was the victim F and the victim G (36 years of age) who was inside the said math to the victims; and (d) her knife the knife of the victim F and the victim G (36 years of age) who was adjacent to the victim; and (d) her knife the knife part of the victim F with the knife with the knife, and then her knife the left part of the victim F with his hand.

Accordingly, the defendant, carrying dangerous articles, and assaulted victims.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statements made to F and G;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning facts constituting an offense, Article 260 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., circumstances favorable to the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration of favorable circumstances, etc. among the reasons for sentencing);

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. Grounds for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for up to six months from June 22;

2. Scope of the recommended sentencing criteria; and

(a) Basic crimes and concurrent crimes in the first place: Violation of the Punishment of Violences, etc. Act (determination of types of crimes), the group of violent crimes-special assault [the scope of decision and recommendation] mitigated area [the scope of the recommended area] mitigated area [the imprisonment for six months (revision by the lower limit of the punishment by law - special mitigation factors in February 1 and 2: A person not subject to punishment;

B. Scope of recommendations according to the standards for handling multiple crimes: Imprisonment with prison labor for up to six months and September 1.

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